Non-Compete Clause - Question(s)

[Charlie78]

I would like to know if the following scenario(s) breach the below which is on the employee agreement I signed with my current employer.

"You also agree that you will not solicit for business of any kind nor work for any client of Employer for a period of two years following the date of your employment termination. You also agree not to attempt to induce any other employee of Employer, employed by Employer now or in the future, to leave the employ of Employer. You also agree not to disparage, speak negatively of, or criticize Employer to any third party now, and for a period of two years following the date of your employment termination."

Scenario 1: I work for a company (Non-client of current employer) which has a share services contract with another company (previous client of current employer).
This means my services are shared between both companies but I'm employed by one company, the other pays the company not me. Does this breach the above?

Scenario 2: I work for a company (Non-client of current employer) who gains a company (previous client of current employer) as a client. Is the company forced to deny service to this client or does the company not allow me to do any services with the client?

I know its a bit confusing, but I'm trying to weigh my options. If you need better clarification please let me know!

Thanks in advance!

[AFFA]

I wish to inform you that most states in the US will enforce the non - compete clause but some states like California ban non - compete clause except in limited circumstances. The application of the non - compete clause is restricted to you only and not to your future employer. Your new employer may do business with a client of the present employer but you will not do or participate in any business with a client of your former employer.

AFF

[Charlie78]

Thanks for the quick reply, so this means that the scenario 1 is a breach of the contract, as I will be doing services with a previous client of present employer, correct?

[goddessoflubboc]

Neither is a breach if you are simply a "cog in the wheel" of an unrelated company and do not control who THEY hire or contract with.

Affa responds to every single post and is most often wrong.

[Friend In Court]

Non compete clauses are ill favored under the law. The reason is that everyone is entitled to earn a living. You should present the full contract to an attorney in your state to evaluate its validity.